Former cop sues Kentucky hunting store after accidentally shooting off his own finger

CrazyPaul said:
He's suing for lost income and punitive damages. Punitive damages make sense but lost income doesn't make sense. After 30 years in law enforcement, he should be receiving retirement benefits as well as SSDI if he paid SS taxes (since he's under 62-MRA). So I don't think a court will award it except punitive damages in case he wins.
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So following that course of logic the other patrons of the store could sue the cop for brandishing a loaded firearm. Ignorance is no excuse for the law.
 
The cop's stupidity makes me hope that there's not more to this......like the shop person and the cop being in cahoots with one another....
 
whatdidyousay! said:
I really don't know what to think now but like I said I am not a gun person but in my humble opinion I think the cop should had knows better than to have his hand where is was.
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You are correct in as far as he never cleared the gun as to be safe. Once the gun has been checked satisfactorily it is not unreasonable to check the muzzle, breach and action for possible damage or defect.
 
Do you think because of people like this we got the expressions: shooting his mouth off or shooting himself in his own foot?
 
It is illegal to discharge a firearm in that manner. What, would he tell the judge "I didn't know the gun was loaded"?
 
CrazyPaul said:
I don't know what you are talking about because what about a first time gun buyer who comes into a gun shop and try a gun out? Do you expect him/her to inspect the gun to make sure it's not loaded? *smh* NRA has nothing to do with it. All gun shops (retailers) must follow the law for safety reasons. The gun shop made a honest mistake. It doesn't matter whether the customer is a cop, ex-cop, gun expert or newbie as Reba mentioned. In other words, the gun shop is fu*ked up for failing to inspect a gun before it's given to a customer.
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"Try a gun out" - where do you live? You go to a shop, you look at the firearm, they don't allow you to take it out back and try it out....at least that's so in the People's Republic of Massachusetts. Might other shops allow that? Maybe down south, who knows.... Do I expect the person handling the gun to clear the chamber....umm...yes. If you don't know anything about firearms, you don't handle it. I don't call leaving a bullet in the chamber "an honest mistake" - it's stupidity and negligence, but again, you treat a firearm as if it's loaded at all times per NRA guidance on safe gun handling. When people don't follow the golden rules of safe gun handling, bad things happen. I blame the shop for creating a potentially dangerous work environment for fellow employees and customers, and I blame the cop for being too careless to remember his years of training around firearms as someone who's supposed to have a clue. What does the NRA have to do it? Not going there....

NRA Gun Safety Rules
http://www.nrahq.org/education/guide.asp
The fundamental NRA rules for safe gun handling are:

1. ALWAYS keep the gun pointed in a safe direction.
This is the primary rule of gun safety. A safe direction means that the gun is pointed so that even if it were to go off it would not cause injury or damage. The key to this rule is to control where the muzzle or front end of the barrel is pointed at all times. Common sense dictates the safest direction, depending on different circumstances.

2. ALWAYS keep your finger off the trigger until ready toshoot.
When holding a gun, rest your finger on the trigger guard or along the side of the gun. Until you are actually ready to fire, do not touch the trigger.

3. ALWAYS keep the gun unloaded until ready to use.
Whenever you pick up a gun, immediately engage the safety device if possible, and, if the gun has a magazine, remove it before opening the action and looking into thechamber(s) which should be clear of ammunition. If you do not know how to open the action or inspect the chamber(s), leave the gun alone and get help from someone who does.




When using or storing a gun, always follow these NRA rules:


  • Know your target and what is beyond.
    Be absolutely sure you have identified your target beyond any doubt. Equally important, be aware of the area beyond your target. This means observing your prospective area of fire before you shoot. Never fire in a direction in which there are people or any other potential for mishap. Think first. Shoot second.
  • Know how to use the gun safely.
    Before handling a gun, learn how it operates. Know its basic parts, how to safely open and close the action and remove any ammunition from the gun ormagazine. Remember, a gun's mechanical safety device is never foolproof. Nothing can ever replace safe gun handling.
  • Be sure the gun is safe to operate.
    Just like other tools, guns need regular maintenance to remain operable. Regular cleaning and proper storage are a part of the gun's general upkeep. If there is any question concerning a gun's ability to function, a knowledgeable gunsmith should look at it.
  • Use only the correct ammunition for your gun.
    Only BBs, pellets, cartridges or shells designed for a particular gun can be fired safely in that gun. Most guns have the ammunition type stamped on the barrel. Ammunition can be identified by information printed on the box and some times stamped on the cartridge. Do not shoot the gun unless you know you have the proper ammunition.
  • Wear eye and ear protection as appropriate.
    Guns are loud and the noise can cause hearing damage. They can also emit debris and hot gas that could cause eye injury. For these reasons, shooting glasses and hearing protectors should be worn by shooters and spectators.
  • Never use alcohol or over-the-counter, prescription or other drugs before or while shooting. Alcohol, as well as any other substance likely to impair normal mental or physical bodily functions, must not be used before or while handling or shooting guns.



  • Store guns so they are not accessible to unauthorized persons. Many factors must be considered when deciding where and how to store guns. A person's particular situation will be a major part of the consideration. Dozens of gun storage devices, as well as locking devices that attach directly to the gun, are available. However, mechanical locking devices, like the mechanical safeties built into guns, can fail and should not be used as a substitute for safe gunhandling and the observance of all gun safety rules.


Be aware that certain types of guns and many shooting activities require additional safety precautions.
 
well here is a thought, is it an indoor shooting range? Here we have indoor ranges in the gun shops and you can "rent" the guns to shoot, or try before you buy... maybe someone rented it to shoot or tried out and didnt buy, returned it loaded and the clerk didnt check before putting back into the display case... one reason here they take the mags out.
 
The link I posted on first page been updated and it has the The court documents, on it now ,.
 
sonocativo said:
well here is a thought, is it an indoor shooting range? Here we have indoor ranges in the gun shops and you can "rent" the guns to shoot, or try before you buy... maybe someone rented it to shoot or tried out and didnt buy, returned it loaded and the clerk didnt check before putting back into the display case... one reason here they take the mags out.
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There are ranges that may do that -we have a public indoor range in Massachusetts...and I think S&W in Springfield may - not sure though as they might be a range operation only. You can rent guns and try them out in the public range in my area - but those are rentals and not for sale. No dealer is going to allow people to handle a sale item. It's like saying "May I rent this Lexus and take it to work for week? I'll buy it if I like it." Fat chance they'll agree....

Can a negligent discharge happen with a rental? Yes, if the person doesn't clear the chamber and handle the gun with care. It's their responsibility to ensure the gun is empty when they return it to the counter, and it's the responsibility of the shop to verify. If you're using a range, you sign a waiver stating that you understand the danger of mishandling guns, etc., etc.

Both parties in the article share blame. This wasn't a regular Joe off the street, he's a seasoned cop....who should have known better, but he's playing the stupid card...and I'm not buying it.
 
Lau2046 said:
There are ranges that may do that -we have a public indoor range in Massachusetts...and I think S&W in Springfield may - not sure though as they might be a range operation only. You can rent guns and try them out in the public range in my area - but those are rentals and not for sale. No dealer is going to allow people to handle a sale item. It's like saying "May I rent this Lexus and take it to work for week? I'll buy it if I like it." Fat chance they'll agree....

Can a negligent discharge happen with a rental? Yes, if the person doesn't clear the chamber and handle the gun with care. It's their responsibility to ensure the gun is empty when they return it to the counter, and it's the responsibility of the shop to verify. If you're using a range, you sign a waiver stating that you understand the danger of mishandling guns, etc., etc.

Both parties in the article share blame. This wasn't a regular Joe off the street, he's a seasoned cop....who should have known better, but he's playing the stupid card...and I'm not buying it.
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A gun shop in Salisbury Ma has an indoor shooting range , they did have one this is the shop the guy shot himself . I was at the a park last winter and someone was firing a gun and I had no idea where the shots were coming from. I got out there fast .
 
Lau2046 said:
"Try a gun out" - where do you live? You go to a shop, you look at the firearm, they don't allow you to take it out back and try it out....at least that's so in the People's Republic of Massachusetts. Might other shops allow that? Maybe down south, who knows.... Do I expect the person handling the gun to clear the chamber....umm...yes. If you don't know anything about firearms, you don't handle it. I don't call leaving a bullet in the chamber "an honest mistake" - it's stupidity and negligence, but again, you treat a firearm as if it's loaded at all times per NRA guidance on safe gun handling. When people don't follow the golden rules of safe gun handling, bad things happen. I blame the shop for creating a potentially dangerous work environment for fellow employees and customers, and I blame the cop for being too careless to remember his years of training around firearms as someone who's supposed to have a clue. What does the NRA have to do it? Not going there....
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I meant, a first time buyer tries an unloaded gun out at a gun shop to see if s/he likes it or not without inspecting it.

Anyway, the lawyer for the ex-cop pointed out that it wouldn't happen if the employee checked the gun to make sure it was unloaded before giving it to him. The employee failed to follow NRA's number 3 rule since he was the one to pick it up as well as guns must be always kept unloaded until ready to use.
 
CrazyPaul said:
I meant, a first time buyer tries an unloaded gun out at a gun shop to see if s/he likes it or not without inspecting it.

Anyway, the lawyer for the ex-cop pointed out that it wouldn't happen if the employee checked the gun to make sure it was unloaded before giving it to him. The employee failed to follow NRA's number 3 rule since he was the one to pick it up.
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It is best interest to let gunowners explain, not anyone who don't have gun or support gun control laws, especially you.
 
CrazyPaul said:
I meant, a first time buyer tries an unloaded gun out at a gun shop to see if s/he likes it or not without inspecting it.

Anyway, the lawyer for the ex-cop pointed out that it wouldn't happen if the employee checked the gun to make sure it was unloaded before giving it to him. The employee failed to follow NRA's number 3 rule since he was the one to pick it up.
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And the cop should had asked if the gun was loaded being a cop . How does a cop forget something that importance , cops know people do stupid things with guns all the time.
 
CrazyPaul said:
I meant, a first time buyer tries an unloaded gun out at a gun shop to see if s/he likes it or not without inspecting it.

Anyway, the lawyer for the ex-cop pointed out that it wouldn't happen if the employee checked the gun to make sure it was unloaded before giving it to him. The employee failed to follow NRA's number 3 rule since he was the one to pick it up.
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That's a fair statement. Customers should be able to take for granted a firearm in the shop is unloaded, it's the number one job of the shop - to ensure a safe environment. Still, when I go shopping or I'm just curious - I always check the chamber again, point the gun in a safe direction and keep my finger outside of the trigger guard. You can never be too careful.
 
Foxrac said:
It is best interest to let gunowners explain, not anyone who don't have gun or support gun control laws, especially you.
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You see, this is about the cop who carried his gun for 30 years suing the gun shop. It's not about other gun owners who have no control over this case. The court decides, not the gun owners. Get it?
 
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